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HomeMy WebLinkAbout6885 ORDINANCE NO. 6885 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO THE ELIMINATION OF THE ENVIRONMENTAL PARK ZONE AND BUSINESS PARK DISTRICT BY AMENDING CHAPTER 18.36, AND SECTIONS 18.02.070, 18.23.020, 18.23.030, 18.23.040, 18.23.060, 18.31.100, 18.47.020, 18.50.040, 18.54.080, 18.55.030, 18.57.020, 18.57.030, 18.57.035, 18.64.020 AND 3.60.036 OF THE AUBURN CITY CODE WHEREAS, the Business Park ("BP") zone was adopted in 1987 by Ordinance No. 4229 as a contract zone that could be applied to any site upon approved of the City; and WHEREAS, in 1997 approximately six parcels collectively known as the"Opus Park 167 Service District", located at the southwest corner of 15th St. SW and 0 St. SW, were rezoned by Ordinance No. 4962 to be a Business Park zone; and WHEREAS, in 2001 Ordinance No. 5607 expanded the uses for the Business Park zone to allow for more uses and to encourage more development; and WHEREAS, in 2006 Ordinance No. 6067 rezoned the parcels constituting the Opus Park 167 Service District to C-3, Heavy Commercial, effectively making the Business Park zone no longer a mapped zoning district; and WHEREAS,the Environmental Park Zone("EP zone"),was adopted in 2006 by Ordinance No. 6037 and approximately 75 parcels in proximity to the Auburn Environmental Park (AEP) were rezoned from M-1, Light Industrial, and R2, Single Family Residential District, to the Environmental Park zone; and WHEREAS,in 2017 Ordinance No. 6660 rezoned the 75 parcels M-1,Light Industrial due to little private sector investment into the privately owned properties; and Ordinance No.6885 September 1,2022 Page 1 Rev.2020 WHEREAS, in 2018 Ordinance No. 6691 rezoned the City-owned parcels associated with the AEP from the Environmental Park to Open Space, effectively making the EP zone no longer a mapped zoning district; and WHEREAS, the Business Park and Environmental Park zoning districts were removed from the Comprehensive Plan in 2015 as part of the GMA-related update to the Comprehensive Plan and therefore neither zone implements any of the comprehensive plan land use designations; and WHEREAS, pursuant to RCW 36.70A the proposed code language contained herein was transmitted to the Washington State Department of Commerce,which performed a 60-day agency review. The state agency comment period expired on August 12, 2022 and the City did not receive any agency comments; and WHEREAS,the text amendment was reviewed according to the process established by the Washington State Environmental Policy Act(SEPA),a Determination of Non-Significance(DNS) was issued on July 5, 2022, and the City observed a fourteen-day public comment period; and WHEREAS, the Planning Commission reviewed the proposed text amendment and considered the effect of the changes on public and private property owners at its June 7, 2022 meeting; and WHEREAS, on July 19, 2022 the Planning Commission held a public hearing, after receiving no public comment letters regarding the proposed amendments, and afterwards forwarded a recommendation for approval to the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance No. 6885 September 1,2022 Page 2 Rev.2020 Section 1. Amendment to City Code. Chapter 18.36, and Sections 18.02.070, 18.23.020, 18.23.030, 18.23.040, 18.23.060, 18.31.100, 18.47.020, 18.50.040, 18.54.080, 18.55.030, 18.57.020, 18.57.030, 18.57.035, 18.64.020 of Title 18 and Section 3.60.036 of Title 3 of the Auburn City Code are amended to read as shown in Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: SL� 1 9 2022 PASSED: SFP .19 2022 APPROVED: SEP 19. 2022 diT.1) re ANCY iiCKUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, 'C, Cit, Clerk Kendra Comeau, City Attorney Ordinance No.6885 September 1,2022 Page 3 Rev.2020 Published: Se\Aelenber 22, vs/ krt ane Sea'kk--\\`-S Ordinance No.6885 September 1,2022 Page 4 Rev.2020 EXHIBIT A ORD. NO. 6885 BP and EP Zone Text Amendment 1 of 42 Title 18 ZONING Chapters: 18.01 User Guide 18.02 General Provisions 18.04 Definitions 18.07 Residential Zones 18.08 Northeast Auburn Special Area Plan and Auburn Gateway Planned Action 18.09 R-MHC Manufactured/Mobile Home Community Zone 18.21 Overlays 18.23 Commercial and Industrial Zones 18.25 Infill Residential Development Standards 18.29 DUC Downtown Urban Center District 18.31 Supplemental Development Standards 18.35 Special Purpose Zones 18.36 BP Business Park District 18.38 LF Airport Landing Field District,Overlay,and FAR Part 77 Surfaces 18.42 UNC Unclassified Use District 18.46A Temporary Uses 18.47 Electric Vehicle Infrastructure 18.49 Flexible Development Alternatives 18.50 Landscaping and Screening 18.52 Off-Street Parking and Loading 18.53 Master Plans 18.54 Nonconforming Structures,Land and Uses 18.55 Outdoor Lighting 18.56 Signs 18.57 Standards for Specific Land Uses 18.59 Development Standards for Marijuana Related Businesses 18.60 Home Occupations 18.62 Surface Mining 18.64 Administrative and Conditional Use Permits 18.66 Recodified 18.68 Zoning Map and Text Amendments 18.70 Variances, Special Exceptions, and Administrative Appeals 18.72 Administration and Enforcement 18.74 Location of Sexually Oriented Businesses 18.76 Planned Unit Development District(PUD)-Lakeland Hills South 18.78 Terrace View(TV)District BP and EP Zone Text Amendment 2 of 42 Chapter 18.02 GENERAL PROVISIONS 18.02.070 Establishment of zones. A. The city is divided into the following classes of zones: 1. RC,residential conservancy zone(one dwelling unit per four acres); 2. R-1,residential zone(one dwelling unit per acre); 3. R-5,residential zone(five dwelling units per acre); 4. R-7,residential zone(seven dwelling units per acre); 5. R-10,residential zone(10 dwelling units per acre); 6. R-16,residential zone(16 dwelling units per acre); 7. R-20,residential zone(20 dwelling units per acre); 8. RMHC,manufactured/mobile home community zone; 9. RO,residential office zone,and RO-H,residential office-hospital zone; 10. C-N,neighborhood shopping zone; 11. C-1,light commercial zone; 12. C-2,central business zone; 13. C-3,heavy commercial zone; 14. C-4,mixed-use commercial zone; 154. M-1,light industrial zone; 165. M-2,heavy industrial zone; 16. BP,business park zone; 17. LF,airport landing field zone; 18. P-1,public use zone; 19. UNC,unclassified use zone; BP and EP Zone Text Amendment 3 of 42 20. I, institutional use zone; 21. EP,environmental park zone; 2221. DUC,downtown urban center zone; 2322. OS,open space zone. B. The zones set out in subsection A of this section are established as the designations,locations,and boundaries thereof as set forth and indicated on the zoning map. C. The intent statement for each zone set forth in this title shall be used to guide the application of the zones to all lands in the city of Auburn.The intent statements shall guide interpretation and application of land use regulations within the zones,and any change to the range of allowed uses within each zone through amendment to this title. (Ord.6677§ 1,2018;Ord.6245§2,2009.) BP and EP Zone Text Amendment 4 of 42 Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Sections: 18.23.010 Purpose. 18.23.020 Intent of commercial and industrial zones. 18.23.030 Uses. 18.23.040 Development standards. 18.23.050 Additional development standards for C-2,central business zone. 18.23.060 Additional development standards for the EP,environmental park zone. C-N,C-1,C-2,C-3, C-4,and M-1 zone. 18.23.010 Purpose. This chapter lists the land uses that may be allowed within the commercial and industrial zones established by ACC 18.02.070(Establishment of zones),determines the type of land use approval required for each use,and provides basic and additional development standards for sites,buildings,and associated improvements. (Ord. 6728§3(Exh.C),2019;Ord.6433§26,2012.) 18.23.020 Intent of commercial and industrial zones. A. General. This section describes the intent for each of the city's commercial and industrial zones.These intent statements are to be used to guide the interpretation of the regulations associated with each zone.The planning director is authorized to make interpretations of these regulations based on their analysis of them together with clear and objective reasons for such interpretation. B. C-N,Neighborhood Shopping Center Zone. The C-N zone is intended to provide areas appropriate for neighborhood shopping establishments which provide limited retail business,service and office facilities for the convenience of residents of the neighborhood.A neighborhood shopping center is designed and located so as to minimize traffic congestion on public highways and streets in its vicinity and to best fit the general land use pattern of the area to be served by the center.The protective standards contained in this chapter are intended to minimize any adverse effect of the neighborhood shopping center on nearby property values and to provide for safe and efficient use of the neighborhood shopping center itself. C. C-1,Light Commercial Zone. The C-1 zone is intended for lower intensity commercial adjacent to residential neighborhoods.This zone generally serves as a transition zone between higher and lower intensity land uses,providing retail and professional services.This zone represents the primary commercial designation BP and EP Zone Text Amendment 5 of 42 for small-to moderate-scale commercial activities compatible by having similar performance standards and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities.This zone encourages leisure shopping and provides amenities conducive to attracting shoppers and pedestrians. D. C-2 Central Business District Zone. The intent of the C-2 zone is to set apart the portion of the city proximate to the center for financial,commercial,governmental,professional,and cultural activities.Uses in the C-2 zone have common or similar performance standards in that they represent types of enterprises involving the rendering of services,both professional or to the person,or on-premises retail activities.This zone encourages and provides amenities conducive to attracting pedestrians. E. C-3,Heavy Commercial Zone. The intent of the C-3 zone is to allow for medium to high intensity uses consisting of a wide range of retail,commercial,entertainment,office,services, and professional uses.This zone is intended to accommodate uses which are oriented to automobiles either as a mode or target of the commercial service while fostering a pedestrian orientation.The uses allowed can include outside activities, display,fabrication or service features when not the predominant portion of the use.The uses enumerated in this classification have more potential for impacts to surrounding properties and street systems than those uses permitted in the more restrictive commercial classifications. F. C-4,Mixed-Use Commercial Zone. The intent of the C-4 zone is to provide for a pedestrian-oriented mix of retail,office,and limited multiple-family residential uses.This classification is also intended to allow flexibility in design and the combination of uses that is responsive to market demands.The uses enumerated in this classification anticipate a mix of multiple-family residential,retail,and office uses that are coordinated through a site-specific planning process.The multiple-family residential must be located in a multi-story building.Certain heavy commercial uses permitted in other commercial classifications are not permitted in this zone because of the potential for conflicts with multifamily residential uses,in order to achieve a quality of environment that is conducive to this mix of uses. G. M-1,Light Industrial Zone. The intent of the M-1 zone is to accommodate a variety of industrial, commercial,and limited residential uses in an industrial park environment,to preserve land primarily for light industrial and commercial uses,to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water pollution,noise,vibration,glare or odor.The light industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made. The character of this zone will limit the type of primary activities which may be conducted outside of enclosed buildings to outdoor displays and sales.Uses which are not customarily conducted indoors or involve hazardous materials are considered heavy industrial uses under this title and are not appropriate for the M-1 zone.An essential aspect of this zone is the need to maintain a quality of development that attracts rather than discourages further investment in light industrial and commercial development. Consequently,site activities which could distract from the visual quality of development of those areas,such as outdoor storage,should be strictly regulated within this zone. • BP and EP Zone Text Amendment 6 of 42 HI. M-2,Heavy Industrial Zone. The M-2 zone is intended to accommodate a broad range of manufacturing and industrial uses.Permitted activity may vary from medium to higher intensity uses that involve the manufacture,fabrication,assembly,or processing of raw and/or finished materials.Heavy industrial uses should not be located near residential development. While other uses may be sited within this zone,permits for such uses should not be issued if such uses will discourage use of adjacent sites for heavy industry,interrupt the continuity of industrial sites,or produce traffic in conflict with the industrial uses. (Ord.6728§3(Exh.C),2019;Ord.6433§26,2012.) 18.23.030 Uses. A. General Pennit Requirements. Table 18.23.030 identifies the uses of land allowed in each commercial and industrial zone and the land use approval process required to establish each use. B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.23.030("Standards for Specific Land Uses")includes a reference to a code section number,the referenced section determines other requirements and standards applicable to the use regardless of whether it is permitted outright or requires an administrative or conditional use permit. C. Uses Affected by the Airport Overlay. Refer to Chapter 18.38 ACC to determine whether uses are separately prohibited by that chapter or will be required to comply with additional regulations that are associated with the airport overlay. Table 18.23.030. Permitted,Administrative,Conditional and Prohibited Uses by Zone,Commercial and Industrial Zones BP and EP Zone Text Amendment 7 of 42 P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific Land LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses INDUSTRIAL,MANUFACTURING AND PROCESSING,WHOLESALING Building contractor,light X X X P X P X P Building contractor,heavy X X X X X A X P Manufacturing,assembling X X X P X P P- P ACC 18.31.180 and packaging—Light intensity Manufacturing,assembling X X X A X P A P ACC 18.31.180 and packaging—Medium intensity Manufacturing,assembling X X X X X X X A ACC 18.31.180 and packaging—Heavy intensity Marijuana processor X X X X X C GC Chapter 18.59 ACC Marijuana producer X X X X X C G C Chapter 18.59 ACC Marijuana researcher X X X X X C G C Chapter 18.59 ACC Marijuana retailer X X X C X C G C Chapter 18.59 ACC Marijuana transporter business X X X X X C C C Chapter 18.59 ACC Outdoor storage,incidental to X X X P X P 1' P ACC 18.57.020(A) principal permitted use on property Storage—Personal household X P X P X P X P ACC 18.57.020(B) storage facility(mini-storage) Warehousing and distribution X X X X X P P C ACC 18.57.020(C) Warehousing and distribution, X X X P X P P P bonded and located within a designated foreign trade zone Wholesaling with on-site retail X X X P X P P- P as an incidental use(e.g., coffee,bakery) RECREATION,EDUCATION AND PUBLIC ASSEMBLY USES Commercial recreation facility, X P P P P P P A ' indoor BP and EP Zone Text Amendment 8 of 42 P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific Land LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Commercial recreation facility, X X X A A P A A ACC 18.57.025(A) outdoor Conference/convention facility X X A A X A X X Library,museum X A A A X A P X Meeting facility,public or A P P P X A P A private Movie theater,except drive-in X P P P P X X X Private school—Specialized A AP P P P P P education/training(for profit) Religious institutions,lot size A P P P A A A A less than one acre Religious institutions,lot size C P P P A A A A more than one acre Sexually oriented businesses X X X P X P X P Chapter 18.74 ACC Sports and entertainment X X A A X A X A assembly facility Studio—Art,dance,martial P PP P PP A A arts,music,etc. RESIDENTIAL Caretaker apartment XPP P XP PP Live/work unit X XP P P P P X Work/live unit XP P P PP P X Marijuana cooperative X X X X X X X X Multiple-family dwellings as X X P P P P P X ACC 18.57.030 part of a mixed-use development2 Multiple-family dwellings, X X X X X X X X stand-alone Nursing home,assisted living X P P P C X X X facility Senior housing2 X X A A X X X X BP and EP Zone Text Amendment 9 of 42 P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific Land LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses RETAIL Building and landscape X X X P X P X P ACC 18.57.035(A) materials sales Construction and heavy X X X X X A X P equipment sales and rental Convenience store A AP P XP PP Drive-through espresso stands A A A P A P A A Drive-through facility, A A A P P P X P ACC 18.52.040 including banks and restaurants Entertainment,commercial X A P P X A X A Groceries,specialty food P P P P P P P X ACC 18.57.035(B) stores Nursery X X X P A P X P ACC 18.57.035(C) Outdoor displays and sales P PP P PP PP ACC 18.57.035(D) associated with a permitted use (auto/vehicle sales not included in this category)' Restaurant,cafe,coffee shop P PP P P P PP Retail Community retail APP PPP XP establishment Neighborhood retail P PPP PP XP establishment Regional retail establishment X X X P P P X A Tasting room P PP PPP PP Tavern PP XP PP X A Wine production facility,small AP P P PP P P craft distillery,small craft brewery SERVICES • BP and EP Zone Text Amendment 10 of 42 P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific Land LAND USE C-N C-1 C-2 C-3 C-4 M-1 RP M-2 Uses Animal daycare(excluding A A A P A P X P ACC 18.57.040(A) kennels and animal boarding) Animal sales and services P P P P P P XP ACC 18.57.040(B) (excluding kennels and veterinary clinics) Banking and related financial P P P P P P PP institutions,excluding drive- through facilities Catering service P PP P AP AP Daycare,including mini AP P P PP P X daycare,daycare center, preschools or nursery schools Dry cleaning and laundry P P PP PP P P service(personal) • Equipment rental and leasing X X X P X P X P Kennel,animal boarding X X X A X A X A ACC 18.57.040(C) Government facilities;this A A A A A A A A excludes offices and related uses that are permitted outright Hospital XPPP XP XP Lodging—Hotel or motel XPP P P AP A Medical—Dental clinic P P P P P P X X Mortuary,funeral home, A P X P X P X X crematorium Personal service shops P PP P P P XX Pharmacies P P P P P X X X Print and copy shop P , P PP PP XX Printing and publishing(of X A P P P P P P ' books,newspaper and other printed matter) Professional offices P P P P PP PP BP and EP Zone Text Amendment 11 of 42 P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific Land LAND USE C-N C-1 C-2 C-3 C-4 M-1 BP M-2 Uses Repair service—Equipment, X A P P P P X P ACC 18.57.040(D) appliances Veterinary clinic,animal AP P P PP XX hospital Youth community support X P X X X X X X ACC 18.57.040(E) facility TRANSPORTATION,COMMUNICATIONS AND INFRASTRUCTURE Ambulance,taxi,and X X X A X P X P specialized transportation facility Broadcasting studio X P X P X P X P Heliport X X X C X C X C Motor freight terminals X X X X X X X X See Footnote No. 1 Parking facility,public or XP P P P P P X commercial,surface Parking facility,public or XP P P P P P X commercial,structured Towing storage yard X X X X X A X P ACC 18.57.045(A) Utility transmission or A A A A A A A A distribution line or substation Wireless communications * * * * * * *— * *See ACC 18.31.100 for use facility(WCF)(See ACC regulations and zoning 18.04.912(W)) development standards. Eligible facilities request PPP P PP PP (EFR)(wireless communications facility)(See ACC 18.04.912(H)) Small wireless facilities(ACC P PP P PP PP 18.04.912(Q)) VEHICLE SALES AND SERVICES Automobile washes X A X P P P X P ACC 18.57.050(A) (automatic,full or self-service) BP and EP Zone Text Amendment 12 of 42 P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative • X—Prohibited Zoning Designation Standards for Specific Land LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses Auto parts sales with X A A P P P X P installation services Auto/vehicle sales and rental X A X P X P X P ACC 18.57.050(B) Fueling station X A A P P P X P ACC 18.57.050(C) Mobile home,boat,or RV X X X P X P X P sales Vehicle services—Repair/body X X A P X P X P ACC 18.57.050(D) work OTHER Any commercial use abutting a A A A A A A A A residential zone which has hours of operation outside of the following:Sunday:9:00 a.m.to 10:00 p.m.or Monday—Saturday:7:00 a.m. to 10:00 p.m. Other uses may be permitted P P P P P P P P by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted. See ACC 18.02.120(C)(6), Unclassified Uses. 1 Any motor freight terminal,as defined by ACC 18.04.635,in existence as of the effective date of the ordinance codified in this section,is an outright permitted use in the M-1 and M-2 zones.Any maintenance,alterations and additions to an existing motor freight terminal which are consistent with ACC 18.23.040,Development standards,are allowed. 2 Any mixed-use development or senior housing project vested prior to Resolution No.5187(December 7,2015)is an outright permitted use in the C-1 zone.Subsequently,if a nonresidential use within a vested mixed-use development changes,then the nonresidential use shall maintain a minimum of 10 percent of the cumulative building ground floor square footage consisting of the uses permitted outright,administratively,or conditionally,listed under"Recreation,Education,and Public Assembly," "Retail,"or"Services"of the C-1 zone. BP and EP Zone Text Amendment 13 of 42 (Ord.6838§ 1 (Exh.A),2021;Ord.6799§6(Exh.F),2020;Ord.6728§3(Exh.C),2019;Ord.6688 § 1 (Exh. 1),2018;Ord. 6644§2,2017;Ord.6642§9,2017;Ord.6508§ 1,2014;Ord.6433§26,2012.) 18.23.040 Development standards. A. Hereafter,no use shall be conducted and no building,structure and appurtenance shall be erected, relocated,remodeled,reconstructed,altered or enlarged unless in compliance with the requirements in Tables 18.23.040A(C-N,C-1,.C-2,C-3,and C-4 Zone Development Standards)and 18.23.040B (M-1,EP and M-2 Zone Development Standards)and in compliance with the provisions of this title,and then only after securing all permits and approvals required hereby.These standards may be modified through either an administrative variance or variance,subject to the procedures of Chapter 18.70 ACC. Table 18.23.040A. C-N,C-1,C-2, C-3,and C-4 Zone Development Standards Requirement by Zone Development Standard C-N C-1 C-2 C-3 C-4 Neighborhood Light Heavy Mixed-Use Central Business Shopping Center Commercial Commercial Commercial Minimum lot area 2 acres None None None None' Minimum lot width,depth None None None None None Maximum lot coverage 55 percent None None None None Minimum setbacks required for structures.See also ACC 18.31.070 for specific exceptions to Minimum setbacks these setback standards. Front 50 ft 20 ft None 20 ft 20 ft Side—Interior None2 None2 None None2 None2 Side—Street 50 ft 15 ft None 15 ft 15 ft Rear None2 None2 None None2 None2 Maximum allowable height of structures.See also ACC 18.31.030(Height limitations— Height limit Exceptions)for specific height limit exceptions. Maximum height 30 ft 45 ft3 ACC 18.23.050 75 ft 75 ft Additional development None None ACC 18.23.050 None None standards Fences and hedges See Chapter 18.31 ACC Landscaping See Chapter 18.50 ACC Parking See Chapter 18.52 ACC Signs See Chapter 18.56 ACC BP and EP Zone Text Amendment 14 of 42 Requirement by Zone Development Standard C-N C-I C-2 C-3 C-4 Neighborhood Light Heavy Mixed-Use Central Business Shopping Center Commercial Commercial Commercial Lighting See Chapter 18.55 ACC Nonconforming structures, See Chapter 18.54 ACC land and uses Notes: 1 Residential uses:no minimum lot size;provided,that residential density does not exceed 20 units per gross acre(this includes privately owned open space tracts but excludes dedicated public roads). 2 A 25-foot setback is required when adjacent to a residential zone. 3 Buildings within the Auburn north business area,as established by Resolution No.2283,may exceed 45 feet if one additional foot of setback is provided from each property line(or required minimum setback)for each foot the building exceeds 45 feet in height. Table 18.23.040B. M-1,EP and M-2 Zone Development Standards Requirement by Zone Development Standard M-1 E1 M-2 Light Industrial Heavy Industrial Minimum lot area. None Nene None Minimum lot width,depth None Nene None Maximum lot coverage None 35 percent None Minimum setbacks required for structures.See also ACC 18.31.070 for Minimum setbacks specific exceptions to these standards. Front 20 ft 20 ft 30 ft Side—Interior None' -13-ft None' Side—Corner 20 ft 20-ft 30 ft Rear None' 20-€t} None' Maximum allowable height of structures.See also ACC 18.31.030(Height Height limit limitations—Exceptions)for specific height limit exceptions. Maximum height 45 ft2 35 ft 45 ft2 Additional development standards None ^CC 1x ry 188060.23.060 None BP and EP Zone Text Amendment 15 of 42 Requirement by Zone Development Standard MA EP M-2 Light Industrial Heavy Industrial Fences and hedges See Chapter 18.31 ACC Landscaping See Chapter 18.50 ACC Parking See Chapter 18.52 ACC Signs See Chapter 18.56 ACC Lighting See Chapter 18.55 ACC Nonconforming structures,land and uses See Chapter 18.54 ACC Notes: 1 A 25-foot setback is required when adjacent to a residential zone. 2 Buildings may exceed 45 feet if one foot of setback is provided from each property line(or required minimum setback)for each foot the building exceeds 45 feet. (Ord.6728§3(Exh.C),2019;Ord.6433 §26,2012.) 18.23.050 Additional development standards for C-2, central business zone. A. Maximum Building Height. 1. The maximum height of that portion of a building that abuts a street(s)shall be no higher than the right-of-way width of the abutting street(s).Building height may increase;provided,that the building is stepped back one foot(from the abutting street right(s)-of-way)for each foot of increased building height. 2. If the building abuts more than one street and the abutting streets have different right-of-way widths, then the height of the building allowed at any street frontage shall be the average of the abutting street right-of-way widths. 3. The following rooftop features may extend up to 15 feet above the maximum height limit: stair towers,elevator penthouses,and screened mechanical equipment. B. Minimum setbacks:none required,see subsection D of this section for specific building orientation requirements. BP and EP Zone Text Amendment 16 of 42 C. Fences shall be decorative and relate architecturally to the associated building.Acceptable materials are brick,wood,stone,metal,or textured concrete.Typical galvanized wire mesh(chain link),barbed wire or razor wire are not permitted.For further information see Chapter 18.31 ACC. The provisions of this section shall not apply to temporary fences required during construction projects permitted by the city. D. Building Orientation Requirements. The following requirements apply to the construction of all new buildings or structures: 1. Existing buildings or structures,including facades,that do not have setbacks or otherwise cannot comply are exempt from these requirements regardless of the amount of improvements made to the building,structure or facade as long as any alteration does not make the existing facade more nonconforming. 2. Existing buildings,structures,or facades that are set back and within 20 feet of a street shall comply to the fullest extent possible as determined by the planning director,with the following requirements when any cumulative structural improvements are made that exceed 50 percent of the assessed value of the existing building,structure,or facade. 3. Any addition to an existing building,regardless of value,that will be within 20 feet of a street shall also comply to the fullest extent possible,as determined by the planning director,with the following requirements. a. For each lineal foot of frontage a building has on a street,there shall be provided an area(s)for pedestrian amenities at the rate of one square foot of ground area for each lineal foot of building frontage.Pedestrian amenities shall consist of such features as landscaping,benches,entryways with accents such as brick pavers,artwork,or a combination of these or similar features.The pedestrian amenities shall be located on the property between the street right-of-way and the building.The planning director shall approve the amount and type of the pedestrian amenities. b. For buildings that have a street frontage that exceeds 50 feet,then at least 25 percent of the building's frontage shall be immediately adjacent to the street right-of-way. c. For buildings that have a street frontage that is less than 25 feet,then no pedestrian amenities will be required and the building may be located at the property line.There shall,however,be provided a landing in front of each door that opens to a street that is large enough such that no part of any door will encroach into the street right-of-way when the door is being opened or closed. d. For buildings that provide additional setbacks,except as restricted by subsection (D)(3)(b)of this section,the area between the street right-of-way and the building shall only contain pedestrian amenities. BP and EP Zone Text Amendment 17 of 42 e. If a building has more than two street frontages,then at least two of the frontages shall comply with subsections (D)(3)(b)and(e)of this section and contain pedestrian amenities between the building and the street right-of-way.Any remaining frontages shall either'have pedestrian amenities, windows,murals,flat surfaced artwork or other similar architectural features that would avoid large blank walls. f. For new buildings that will infill between two other existing buildings,the new building shall be set back no further than either of the adjacent buildings unless additional setback is required to comply with subsection(D)(3)(a)of this section.The proposed setback shall be reviewed by the planning director to ensure the setback will maintain building continuity along the street. g. Buildings shall have windows that encompass at least 60 percent of the first floor facade and at least 40 percent of the facade of each additional floor.At least 50 percent of the area of the first floor windows of nonresidential buildings shall provide visibility to the inside of the building.This subsection shall only apply to the facades of new buildings with street frontage and shall not lessen the requirements of the Uniform Building or Fire Codes. h. The building's principal pedestrian entrance shall be oriented to the street.If the building is at a corner,either street or alley,then the principal pedestrian entrance shall be at the corner unless a better architectural design is attained at another location and approved by the planning director. i. Buildings that are at the intersection of either two streets or a street and an alley shall provide for a sight distance triangular setback as required by Chapter 18.31 ACC.These triangular areas may contain pedestrian amenities that satisfy the requirements of subsection(D)(3)(a)of this section. j. A site plan shall be prepared by the proponent which addresses compliance with the requirements as outlined in subsections(D)(3)(a)through LU of this section.The site plan shall be approved by the planning director prior to the submittal of any building permit. k. For the sole purposes of this subsection D the term"street"shall include the right-of-way of private and public streets.The term shall also include pedestrian walkways,encumbered by an easement or similar means,that are used by the general public to travel from one property,to another. E. Mechanical equipment on rooftops shall be sited and designed to minimize noise and effectively screen the equipment from view from adjacent properties and rights-of-way.The following methods,or a combination thereof,may be used: 1. Set back from the roof edge to obscure visibility from below; 2. Integration into the building architecture,using building walls,roof wells or roof parapets to conceal the equipment; 3. Equipment enclosure or sight-obscuring fencing or landscaping; BP and EP Zone Text Amendment 18 of 42 4. Overhead trellis or roof to obscure visibility from above. Materials used to screen mechanical equipment shall be the same as or compatible with the design of the principal structure. F. Stair towers and elevator penthouses shall be designed to be architecturally integrated into the principal structure.This may include using the same building materials,repeating common building forms,colors or elements,or incorporating the roof and wall of the stair tower or elevator penthouse into the upper wall of the structure. (Ord.6433§26,2012.) 18.23.060 Additional development standards for the C-N, C-1, C-2, C-3, C-4, and M-1 zones.EP, environmental park zone. A. Fences and Hedges. Fences shall be decorative and relate architecturally to the associated building. Acceptable materials are brick,wood,stone,metal,or textured concrete. Colored chain link fences may be AB. Loading and unloading docks shall not be visible from the street. BE. Mechanical equipment on rooftops shall be sited and designed to minimize noise and effectively screen the equipment from view from adjacent properties and rights-of-way.The following methods,or a combination thereof,may be used: 1. Set back from the roof edge to obscure visibility from below; 2. Integration into the building architecture,using building walls,roof wells or roof parapets to conceal the equipment; 3. Equipment enclosure or sight-obscuring fencing or landscaping; 4. Overhead trellis or roof to obscure visibility from above. Materials used to screen mechanical equipment shall be the same as or compatible with the design of the principal structure. (Ord.6433§26,2012.) BP and EP Zone Text Amendment 19 of 42 Chapter 18.31 SUPPLEMENTAL DEVELOPMENT STANDARDS 18.31.100 Wireless communications facilities siting standards. The following siting standards are intended to guide the location and development of wireless communications facilities(WCF as defined by ACC 18.04.912(W)) on properties regulated under this title.The siting of small wireless facilities shall also be in accordance with ACC 18.31.110: L. Zones in Which WCFs Are Permitted. The following table illustrates which zones the types of facilities as defined by ACC 18.04.912(K)and(W)and subsection A of this section are allowed in and which land use approval process,if any,is required.Microcells,as defined by ACC 18.04.912(M)(not located in public ways),are allowed only in residential zones and shall be permitted outright pursuant to the provisions of ACC 18.04.912(M). Type of Permit Required Permitted Administrative Conditional Zone Outright Use Permit Use Permit All 1-D 1-D' 1-D2 Zones RO, 1-A 1-B 1-C RO-H C-N 1-A 1-B 1-C C-1 1-A 1-B 1-C C-2, 1-A 1-B 1-C DUC C-3, 1-B,2-A 1-C,2-B,3-A 3-B C-4 M-1,EP 1-B,2-A 1-C,2-B,3-A 3-B M-2 1-B,2-A 1-C,2-B,3-A 3-B P-1 1-B,2-A 1-C,2-B 3-A3 I 1-A 1-B 1-C LF 1-A 1-B 1-C 1 Allowance for the WCF to extend to a height of 20 percent of the supporting structure. 2 Allowance for the WCF toextend to a height of 30 percent of the supporting structure. 3 The maximum height allowed,including antennas,is 45 feet. BP and EP Zone Text Amendment 20 of 42 Chapter 18.36 BP BUSINESS PARK. DISTRICT Seetiens 18.36.010 Intent. 18.36.020 Process. 18.36.030 Permitted uses. 18.36.040 Application. ! 9 ..••-• .•.. . . 18.36.070 Time limit. 18.36.010 Intent. appropriate for business park development.(Ord.4229§2, 1987.) 18.36.020 Process. A. Conceptual Approval. covenants;public improvements;and the responsibilities of the owner/developer. BP and EP Zone Text Amendment 21 of 42 will result and the project contains architectural,site,and landscape design standards that arc significantly 3. No significant impacts on the public infrastructure shall occur that cannot be effectively mitigated by B. Site Plan Approval. 1. The site plan of a business park shall be approved by the planning director. 2. From the date of filing a complete application the planning director shall within 30 calendar days appropriate Pierce County office for properties located in Pierce County. (Ord.6809§ 1(Exh.A),2021;Ord. 6779§3,2020;Ord.5170§ 1, 1998;Ord.1229§2,1987.) .. .. - • , . •. - . - . . - - . • , , appropriate for the site.(Ord.1229§2,1987.) 18.36.010 Application. shall include the following: 1. Standard rezone application; BP and EP Zone Text Amendment 22 of 42 2. List of uses; 3. Covenants and restrictions; /1. A site plan to illustrate the following: a. Vicinity map, c. Acreage of park, d. Layout of interior streets, e. Adjacent public streets, f. Easements, existing,and if known,proposed, g. Location and size of all existing utilities, h. General location of uses, i. Existing ownership pattern, inelude-the-fellewingi- 1. The ordinance and contract of the conceptual approval; 2. A site plan which shall illustrate the following: a. Vicinity map, b. Boundarie.and dimensions of park, c. Acr age of proposal, f. Layout of interior streets, BP and EP Zone Text Amendment 23 of 42 g. Adjacent public streets, h. Easements,existing and proposed, i. Location and size of all existing and proposed utilities, j. Typical street cross section, k. Location of uses, n. Location of walls and fences,indication of their height and materials, o. Location of any storage areas or refuse containers, p. Location and size of signs, q. Landscaping plan, r. Indication of height of buildings, s. Proposed architectural treatment of large expanse of walls, t. Any covenants not previously approved, •- ' . . . ._ . ::erly dimensioned and drawn at a scale not less than one inch equals 40 feet and on a sheet size 21 by 36 inches,more sheets -•. :• . . •- . . . --•_ - - be approved by the planning director.(Ord.4229§2, 1987.) 18.36.050 Development standards. Development standards in a BP district are as follows: A. Minimum area to be developed as a business park: 10 acres; B. Minimum lot arca:none required; C. Minimum lot width:none required; D. Minimum lot depth:none required; BP and EP Zone Text Amendment 24 of 42 and city council; G. Minimum Yard Setbacks. event shall such setback be less than 20 feet. conceptual or site plan approval; H. Fences and hedges: see Chapter 18.3 1ACC; I. Parking: see Chapter 18.52 ACC; landscaped; K. Signs: see Chapter 18.56 ACC; L. Performance standards: see Chapter 18.58 ACC; M. Sidewalks and/or walkways:there may be flexibility i - .- _ •- .- - -. • • approved by the city engineer. (Ord.'1229§2, 1987.) 18.36.060 Supplemental development standards. (For the BP Zone.) Supplemental development standards in a BP district are as follows: A. All activities shall be conducted entirely within a building except as follows: 1. Gas pumps, way, 3. Horticulture activities, /I. Play areas for daycare, BP and EP Zone Text Amendment 25 of 42 5. Outdoor activities as permitted by the contract rezone; unless specifically permitt-: - •_ - . - C. No outdoor testing of products; same color as the building on which the equipment is located:or, screen the equipment from adjoining uses or from street right of way if setback is less than 20 feet; screening and landscaping requirements of the M 1 zone; 18.36.070 Time limit. execution of a new contract. BP and EP Zone Text Amendment 26 of 42 . . .. . ..; . . - . • •- .. .. .. - zone.(OFd.4229§2, 1987.) BP and EP Zone Text Amendment 27 of 42 Chapter 18.47 ELECTRIC VEHICLE INFRASTRUCTURE 18.47.020 Permitted locations. Zoning District EVI Type PUD,RC, R-7,R-10, C-1,C-2, M-1,M-2, • C-N,RO DUC I,P-1 R-1,R-5 R-16,R-20 C-3 gOrEP EV Charging Station',2 P3 P3 P P P P P • Rapid Charging Station P5 P5 P P P P P Battery Exchange Station X X X X P P P P:Use is permitted.X:Use is not allowed in the given zoning district. Development Standards: 1 Level 1 and Level 2 charging only. 2 Level 1 and Level 2 charging are permitted in aquifer recharge areas and in other critical areas when serving an existing use. 3 Allowed only as accessory to a principal outright permitted use or permitted conditional use. 4 The term"rapid"is used interchangeably with Level 3 and fast charging. 5 Only"electric vehicle charging stations—restricted"as defined in ACC 18.04.354. BP and EP Zone Text Amendment 28 of 42 Chapter 18.50 LANDSCAPING AND SCREENING 18.50.040 Landscape development standards. A. General Location for Landscape Improvements.Landscaping shall be provided in the following locations for all types of development,unless the city determines that the required landscape is not necessary to fulfill the purposes of this chapter: 1. Perimeter Areas. All areas that abut a street or residential property shall be landscaped in compliance with this chapter,except where occupied by a primary building,walk or driveway.Minimum landscape areas are listed in Tables 18.50.040(A)and(B). 2. Unused Areas. All areas of a multifamily or nonresidential project site not intended for a specific use (including areas planned for future phases of a phased development)shall be landscaped with existing natural vegetation,native grasses or similar. 3. Parking/Loading Areas. Parking lots,and where loading areas are visible from a public street,shall be landscaped in compliance with this chapter. 4. Outdoor Storage Areas, Recreational Vehicle Parking, and Refuse Areas. All outdoor storage areas, recreational vehicle parking,and refuse areas,when visible from adjoining properties or public streets, shall be landscaped in compliance with this chapter. 5. Stormwater Low Impact Development(LID)Facilities.Areas of vegetation planted in storm water LID facilities(not permanently inundated or ponded areas)and for which there is a city-approved maintenance plan as prescribed in the city's Engineering Design Standards Manual shall count towards the minimum landscape coverage areas outlined in subsection B of this section. B. Landscape Area Requirements by Zones. Minimum landscape area requirements are listed below by zones consistent with ACC 18.02.070. Table 18.50.040(A). Minimum Landscape Requirements by Zoning District Minimum Landscape Planter Width— Minimum Perimeter Areas' Zones Landscape Abutting Coverage' Abutting Street3 Residential Property Residential Zones RC,R-1,R-5,and R-7 Residential Zones4 N/A N/A N/A BP and EP Zone Text Amendment 29 of 42 Minimum Landscape Planter Width— Minimum Perimeter Areas2 Zones Landscape Abutting Coverage' Abutting Street3 Residential Property R-10,R-16 and R-20 Zones5 20% 6 ft. 10 ft. Nonresidential Zones C-2 10% 0 ft. 6 ft. C-1,C-N 10% 6ft. 10 ft. C-3,I,P-1 15% 6 ft. 10 ft. ER 4 l0 ft. 10 ft. 15% 49-€t: 10 ft. M-1 10% 10 ft. 10 ft. M-2 10% 10 ft. 25 ft. Other R06/RO-H6 N/A N/A N/A DUCT N/A N/A N/A Notes: 1 Minimum landscape coverage required is the minimum percentage of net lot area that must be maintained with a vegetated pervious surface.Vegetated bioretention cells or water quality treatment swales(not permanently inundated or ponded areas) may be included in the required landscape coverage percentage.Preference shall first be given to retention of areas of existing native coniferous vegetation.For sites that do not have existing native coniferous vegetation,landscape coverage can be achieved through planting of native species. 2 Listed planter widths shall be located entirely on private property. 3 The minimum landscape planter abutting a street may be reduced in size using the provision contained in ACC 18.50.080, Alternative landscaping plan.The reduced landscape planter shall have an average width of the requirement contained in Table 18.50.040(A). 4 Landscaping shall only be required in conjunction with an administrative or conditional use permit.The type and amount of landscaping shall be determined at that time the administrative or conditional use permit is approved. 5 Refer to ACC 18.31.200.Architectural and site design review standards and regulations,for additional requirements. 6 Landscaping within the RO/RO-H zone is not required unless site development includes the demolition of existing structure(s) together with new construction.Under this scenario the minimum landscape requirements of the C-1 zone shall be met. 7 Landscaping within the DUC zone shall be provided as defined in the Downtown Urban Center Design Standards;see reference to ACC 18.29.070. BP and EP Zone Text Amendment 30 of 42 Chapter 18.54 NONCONFORMING STRUCTURES, LAND AND USES 18.54.080 Amortization and abatement of outdoor storage. All outdoor storage yards that do not comply with the landscape and screening requirements of Chapter 18.50 ACC which are located within an M-1 erPzone that are adjacent to a residential zone or are visible from a public street shall,within three years of the adoption of this title,screen and landscape the outdoor storage pursuant to the requirements of Chapter 18.50 ACC,or the use shall be abated. (Ord.4229§2, 1987.) BP and EP Zone Text Amendment 31 of 42 Chapter 18.55 OUTDOOR LIGHTING 18.55.030 General requirements. A. Shielding Required. Except as otherwise exempt,all outdoor lighting fixtures shall be constructed with shielding on all sides.The outdoor light source(bulb or element)shall not be visible at or beyond the property line. Figure 18.55.030. Examples of light fixtures with shielding on all sides B. Fixture Heights. Lighting fixtures shall not exceed the following maximum heights: Table 18.55.030. Fixture Height Outdoor Lighting (Maximum as measured to Location the top of the fixture from grade) Within 50'of a 16 ft residential zoning district Surface Parking Area 30 ft C-1,C-3,M-1,M-2,EP 24 ft All other districts C. Photometric Plan Requirements. A photometric plan shall be prepared and submitted for review and approval when required under ACC 18.55.020,Applicability.The required elements of the plan shall be specified in application forms to be provided by the city.The photometric plan will be reviewed to ensure compliance with the provisions in this chapter. D. Level of Illumination. BP and EP Zone Text Amendment 32 of 42 1. Parking lots,driveways,and trash enclosures/areas shall be illuminated with a minimum maintained one foot-candle of light and an average not to exceed four foot-candles of light. 2. Pedestrian walkways shall be illuminated with a minimum maintained one-half foot-candle of light and an average not to exceed two foot-candles of light. 3. In order to minimize light spillage on abutting residential property,illumination measured at the nearest residential structure or rear yard setback line shall not exceed one-tenth foot-candle. E. Accent Lighting. Lighting used to accent architectural features,landscaping or art is permitted to be directed upward;provided,that the fixture shall be located,aimed,or shielded to minimize light spill.No permit is required for this type of lighting. F. Periods of Illumination. 1. All outdoor lighting systems shall be equipped with automatic switches conforming to the requirements of Section 1513.6.2 of the Washington Energy Code.. 2. The use of sensor technologies,timers or other means to activate lighting during times when it will be needed is encouraged to conserve energy,provide safety and promote compatibility between different land uses.Lower lighting levels at off-peak times are encouraged as a safety measure. 3. However,outdoor lights may remain on during the required off hours when: a. Illuminating flags representing country,state,or other civic entity; b. Functioning as security lighting(e.g.,illuminating a pathway,building entry,etc.); c. Associated with special events,etc. (Ord.6390§ 1,2011.) BP and EP Zone Text Amendment 33 of 42 Chapter 18.57 STANDARDS FOR SPECIFIC LAND USES 18.57.020 Industrial, manufacturing and processing, wholesaling. A. Outdoor Storage,Incidental to Principal Pennitted Use on Property. 1. C-3 Zone. Outdoor storage is subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 10 percent of the lot. b. Outdoor storage shall be located between the rear lot line and the extension of the front facade of the principal structure;provided also,that for corner lots no outdoor storage is allowed between a building and a side street lot line.For through lots,the location for outdoor storage shall be determined by the planning director. c. Outdoor storage shall not be located in a required yard/setback area. d. Outdoor storage shall not be permitted on undeveloped lots. e. Outdoor storage shall be limited to 15 feet in height.The planning director may authorize an increase in height,up to 50 percent,through anadministrative variance,subject to the procedures of ACC 18.70.015(A)(2). f. Outdoor storage areas shall be landscaped in accordance with ACC 18.50.040(C)(5). g. Outdoor storage areas shall consist of a hard surface material of either gravel or paving. h. Outdoor storage shall consist of supplies,materials,and/or equipment that are in working and usable condition. i. Outdoor storage of unworkable and/or unusable equipment,supplies or materials is not permitted. 2. M-1 Zone. Outdoor storage is subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 50 percent of the lot. b. Meet requirements of subsections (A)(1)(b)through 01 of this section. BP and EP Zone Text Amendment 34 of 42 34. M-2 Zone.Outdoor storage is subject to the following requirements: a. Outdoor storage shall be landscaped in accordance with ACC 18.50.040(C)(5). b. Outdoor storage shall not be permitted on undeveloped lots. c. Outdoor storage shall be limited to 30 feet in height. • BP and EP Zone Text Amendment 35 of 42 18.57.035 Retail. A. Building and Landscape Materials Sales. 1. All Zones Where Permitted. a. Landscape materials displayed outdoors are limited to plants,soils,gravel,and fertilizer.No soil mixing is allowed. b. Stored materials other than landscape plant materials shall be completely screened by walls or buildings and shall not protrude above the height of the enclosing walls or buildings or be visible from a public right-of-way or adjacent residential zone or use and shall not be located in any of the required setbacks. c. Stored building supplies and landscaping materials shall be limited to 15 feet in height.The planning director may authorize an increase in height,up to 50 percent,through an administrative variance,subject to the procedures of ACC 18.70.015(A)(2). B. Groceries, Specialty Food Stores. 1. EP Zone. . _ --- . : ... -s are-limited to 20,000 square feet in size. 18.57.030 Mixed-use development. A. All Zones Where Permitted. 1. Multiple-family dwellings shall only occur concurrent with or subsequent to the development and construction of the nonresidential components of the mixed-use development unless a different sequence is allowed in the following code sections. 2. Vertical Mixed-Use. a. Mixed-use development comprised of a maximum of one building on a development site shall have a minimum of 50 percent of the ground floor comprised of one or more of the uses permitted outright,administratively,or conditionally,listed under"Recreation,Education,and Public Assembly,""Retail,"or"Services"in Table 18.23.030;provided,that uses normal and incidental to the building including,but not limited to,interior entrance areas,elevators,waiting/lobby areas, mechanical rooms,mail areas,garbage/recycling/compost storage areas,and vehicle parking areas located on the ground floor shall occupy a maximum of 50 percent of the ground floor space. BP and EP Zone Text Amendment 36 of 42 3. Horizontal Mixed-Use. a. Mixed-use development comprised of two or more buildings shall have a minimum of 25 percent • of the cumulative building ground floor square footage comprised of one or more of the uses permitted outright,administratively,or conditionally,listed under"Recreation,Education,and Public Assembly,""Retail,"or"Services"in Table 18.23.030;provided,that uses normal and incidental to the building including,but not limited to,interior entrance areas, elevators, waiting/lobby areas,mechanical rooms,mail areas,garbage/recycling/compost storage areas, and vehicle parking areas located on the ground floor shall not be included in this 25 percent requirement. b. Mixed-use development comprised of two or more buildings(horizontal mixed-use)shall be arranged with the required nonresidential building(s)located adjacent to the public street or private street and the multifamily located behind.For a corner lot or through lot,the nonresidential building(s)shall be located adjacent to higher classification street. B. C-2 Zone. 1. Vertical mixed-use development is required. 2. All other requirements of subsection A of this section shall apply. C. C-3 Zone. 1. One thousand two hundred square feet of lot area is required for each dwelling unit. 2. All other requirements of subsection A of this section shall apply. D. C-4 Zone. 1. Vertical or horizontal mixed-use is allowed. 2. Multiple-family dwellings may be constructed prior to the development and construction of the nonresidential components of the mixed-use development;provided,that the nonresidential components of the master plan are development ready(i.e.,wet and dry utilities are extended to future commercial pads)and required frontage improvements as determined by the community development director are completed. E. M-1 Zone. 1. Vertical mixed-use development is required. 2. Ground floor uses shall be comprised of one or more of the uses permitted outright,administratively, or conditionally,listed under"Retail"or"Services"in Table 18.23.030.All other requirements of subsection A of this section shall apply. BP and EP Zone Text Amendment 37 of 42 F. EP Zone. qualifies to be built green certified. 2. All other requirements of subsection A this section shall apply. (Ord.6728§5(Exh.E),2019;Ord.6644 §3,2017;Ord.6478§ 1,2013;Ord.6435§ 1,2012.) BP and EP Zone Text Amendment 38 of 42 Chapter 18.64 ADMINISTRATIVE AND CONDITIONAL USE PERMITS 18.64.020 Process. A. Administrative Use Permits. An application for an administrative use permit shall be reviewed in accordance with ACC Title 14 as a Type II decision,subject to the additional provisions of this section.The planning director or designee shall make the final decision unless the application is forwarded to the hearing examiner pursuant to subsection(A)(2)of this section,in which case the hearing examiner will make the final decision. 1. Additional Public Notice Requirements. Administrative use permits for uses in the following zones shall be subject to the additional public notice requirements in subsections (A)(1)(a)and(b)of this section: R-C residential conservancy zone,C-N neighborhood shopping district,C-1 light commercial district,C-2 neighborhood business district,C-3 heavy commercial district,M-1 light manufacturing district,M-2 heavy manufacturing district,BP business park district: a. The mailing radius requirement of ACC 14.07.040(A)shall be increased to 500 feet; and b. In addition to the methods of providing notice required by ACC 14.07.040,public notice shall be posted on the city's website. 2. Following the public comment period provided for in ACC Title 14,the planning director or designee shall: a. Review the information in the record and render a decision pursuant to the procedural requirements of ACC Title 14;or b. Within 10 days following the close of the public comment period,forward the application to the hearing examiner for a public hearing and final decision in accordance with Chapter 2.46 ACC if the planning director or designee determines that one or more of the following exists: i. Public comments indicate a substantial degree of concern,controversy,or opposition to the proposal;or ii. A public hearing is necessary to address issues of vague,conflicting,or inadequate information;or iii. The application raises a sensitive or controversial public policy issue;or iv. A public hearing might clarify issues involved in the permit decision. c. When a public hearing before the hearing examiner is deemed necessary by the planning director or designee: BP and EP Zone Text Amendment 39 of 42 i. The city shall provide written notice to the applicant within 10 days following the closing of the public comment period that the application is being forwarded to the hearing examiner for public hearing and decision pursuant to the procedural requirements of this chapter.The notice shall specify the reason the application is being forwarded to the hearing examiner; ii. Processing of the application shall not proceed until any supplemental permit review fees set forth in the city of Auburn fee schedule are received; and iii. The application shall be deemed withdrawn if the supplemental fees are not received within 30 days of the applicant notification by the city. B. Conditional Use Permits. An application for a conditional use permit shall be reviewed in accordance with ACC Title 14 as a Type III decision.A request for a conditional use permit shall be heard by the hearing examiner in accordance with the provisions of Chapter 2.46 ACC.The hearing examiner shall make the final decision. C. When a proposal includes more than one element that requires administrative use and/or conditional use approval,the following review processes shall apply: 1. For proposals with multiple administrative use elements,a single administrative use permit application will be required;provided,that findings of fact pursuant to ACC 18.64.040 are made for each element. 2. For proposals with administrative and conditional use elements,a single conditional use permit application will be required;provided,that findings of fact pursuant to ACC 18.64.040 are made for each element. (Ord.6442§24,2012;Ord.6269§22,2009;Ord.6185 §5,2008;Ord.5811 §6,2003;Ord.4875§ 1, 1996; Ord.4840§ 1, 1996;Ord.4304§ 1(45), 1988;Ord.4229§2,1987.)_ BP and EP Zone Text Amendment 40 of 42 Chapter 3.60 SALES OR USE TAX 3.60.036 Construction sales tax exemption. A. 1. The following purchasers in the eligible target business class who have paid the tax imposed by this chapter on construction materials,fixed equipment,or machinery installation,or on sales of or charges made for labor and services rendered in respect to such construction or installation of such machinery or equipment,are eligible for an exemption as provided for in this section:for property zoned downtown urban center(DUC),C-3 (heavy commercial district),and C-4(mixed-use commercial),purchases directly related to the construction of new commercial buildings or redevelopment of existing vacant buildings 25,000 square feet or greater or expansion of existing commercial buildings that creates new or expanded building floor area that generates sales tax revenue. 2. For property zoned downtown urban center(DUC),purchases directly related to the construction of new commercial buildings less than 25,000 square feet,or redevelopment of existing buildings less than 25,000 square feet,where the cost of the improvement is at least 25 percent of the current assessed value of the improvements on the property pursuant to the assessment records of King or Pierce County,as applicable. 3. For property zoned M-1 (light industrial district)and M-2(heavy industrial district),purchases directly related to the construction of new commercial buildings,redevelopment of existing buildings that result in a change of occupancy from warehouse use to manufacturing use,or redevelopment of existing buildings where the cost of the improvement is at least 25 percent of the current assessed value of the improvements on the property pursuant to the assessment records of King or Pierce County,as applicable. B. A purchaser is eligible for an exemption specified under this section from the local sales and use tax paid under this chapter,as authorized under RCW 82.14.030(2),up to a maximum of 20 percent of taxes imposed and paid to the city of Auburn not to exceed$100,000.The purchaser is eligible for an exemption under this section in the form of a refund. C. For purposes of this section,the following definitions apply: 1. "Change of occupancy"means a change of the purpose for which a building is used or intended to be used.The term shall also include the building or portion thereof in which such change of occupancy is made. Change of occupancy is not intended to include change of tenants or proprietors. BP and EP Zone Text Amendment 41 of 42 2. "Commercial building"means a structure that has,as its primary purpose,a commercial use as that term is defined in ACC 18.04.240. 3. "Expansion"means to add to the floor area of a building. 4. "Purchaser"means a person or entity that is the recipient of a good or service. D. Eligible Target Business Classes. 1. The construction sales tax exemption specified in subsection(A)(1)of this section shall only apply to those businesses engaged in normal business activities under the following classifications of businesses occurring within the specified zoning designations: a. General Merchandise,Warehouse Club,SuperCenter—Sales Tax Classification Code 45291; b. Building Materials and Garden Home Center—Sales Tax Classification Code 44411; c. Electronics and Appliances—Sales Tax Classification Code 44311; d. Full Service Restaurants—Sales Tax Classification Code 722110; e. New and Used Automobile and Light Utility Truck Dealers—Sales Tax Classification Code 44110; f. Bowling Centers—Sales Tax Classification Code 713950; g. Motion Picture Theaters(excluding drive-in theaters)—Sales Tax Classification Code 512131; h. Hotels—Sales Tax Classification Code 72110;and i. Residential Buildings and Dwellings within the DUC Only—North American Industry Classification System Code 531110. 2. The construction sales tax exemptions specified in subsections (A)(2)and(3)of this section shall apply to all businesses located in the DUC,EP,M-1,and M-2 zoning districts as set forth in those subsections. E. Application for Refund. 1. A purchaser claiming an exemption and applying for a refund under this section must pay the tax imposed by ACC 3.60.020.The purchaser may then apply to the city for a refund in a form and manner prescribed by the city and shall submit information that the city deems adequate to justify the exemption, including but not limited to: a. Identification of the vendor/contractor; b. North American Industry Classification System(NAICS)code under which the tax was reported; ' BP and EP Zone Text Amendment 42 of 42 c. Name and Unified Business Identifier(UBI)number of the vendor/contractor on the combined excise tax return filed with the state of Washington; and d. Detailed information supporting the amounts reported under the state use and sales tax section of the above report for location codes 1702 and 2724. 2. A purchaser may not apply for a refund under this section more frequently than once per quarter.The purchaser must specify the amount of exempted tax claimed and the qualifying purchases for which the exemption is claimed.The purchaser must retain all records provided to the city in making its claim. 3. The city shall determine eligibility under this section based on the information provided by the purchaser,which is subject to audit verification by the city.If the city verifies eligibility,it shall remit eligible taxes paid to the purchaser. F. Appeals. Any applicant aggrieved by an action of the city concerning eligibility or computation of remittance under this section may file a written appeal to the city's hearing examiner in accordance with Chapter 2.46 ACC within 14 calendar days of receipt of the city's decision. The hearing examiner is specifically authorized to hear and decide such appeals and the decision of the hearing examiner shall be the final action of the city.